Unpakt Real Estate Agents Referral Program
Terms and Conditions
Welcome to the Unpakt.com site (the “Site”). We are pleased to offer you access to the Site and entry/use of our Real Estate Agents Referral Program conditioned on your acceptance without modification of the following Terms of Service and additional terms incorporated by reference herein (collectively, these “Terms”). This Real Estate Agents Referral Program is provided solely to promote our other services through referrals brought to us by acting members thereof and for no other purposes (the “Service”). The terms “we,” “us,” “our” and “Unpakt” refer to Unpakt, LLC and its affiliates. The term “you” and “your” refers to the Real Estate Agent Referral Program member(s) visiting the Site and/or using the Service. The term “user” or “users” refers to the customers visiting the Site and/or using the Service.
Unpakt is not a broker of household goods. Unpakt does not arrange (or offer to arrange) for the transportation of household goods. Unpakt’s role is limited to providing an electronic platform on which Member Movers and users come together and a common language for Member Movers and users to speak. Unpakt is also not a real estate broker. Unpakt is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties. Unpakt does not counsel lessors or lessees, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Service. Unpakt’s role in the rental of storage space is limited to publishing advertising provided by Storage Operators and communicating users’ requests for reservations to said Storage Operators. No brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Unpakt and any Member Movers, Storage Operators and/or users.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND UNPAKT. BY REGISTERING FOR, ACCESSING, AND/OR OTHERWISE USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW) AND ANY FUTURE MODIFICATIONS, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NO USE THE SERVICE. We reserve the right, at our sole discretion and at any time, to change or modify thESe Terms without prior notice, and your continued access or use of this site signifies your acceptance of the updated or modified Terms. These Terms may not be modified, amended, and/or changed by you in any manner.
- Eligibility. THE SERVICE IS NOT INTENDED FOR OR AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE. IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THE SERVICE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER.
- Billing, Payments, and Fees.
- Description of Services.
- Agent agrees to:
- Place a link, banner or a rich media banner referring users to Unpakt.com
- Make reasonable efforts to refer users to Unpakt.com using any and all means available at Publisher discretion.
- Publisher understands that they will only receive payment, as defined herein, if and when the referral becomes a booked job as indicated by Unpakt.
- Agent agrees to:
- Payment. Unpakt will pay Agent Revenue Share of 10% of the net price paid by a customer per a booked job that was booked using “Agent” designated promo code. Agent can offer a 5% discount to its users. If Agent chooses to offer a 5% discount to its users which will be deducted from Agent Revenue Share. Agent will be paid Agent Revenue Share of 5%. Payment is due after a job is completed at the end of each month after Unpakt sends a summary report followed by Unpakt’s receipt of Publisher’s respective invoice. Unpakt reserves the right to appeal Publisher’s invoices at any time.
- Description of Services.
- Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Unpakt is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
- Term and Termination. These Terms will remain effective until terminated as set forth here. Unpakt may terminate or suspend your account and use of and access to the Service at its sole discretion, with or without cause, without notice or liability to you. You may terminate your use of the Service at any time and for any reason or no reason by stopping all use of the Site and Service, closing your Pricing Matrix on the Site and completing any then outstanding user requested moving and/or storage services. In the event of termination, Sections 6 through 18 shall survive.
- Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNPAKT MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, RESULTS, OR TITLE, AND ANY WARRANTIES IMPLIED BY A COURSE OF DEALING OR PERFORMANCE. UNPAKT DOES NOT WARRANT THE DATA, CONTENT, FEATURES, OR INFORMATION, INCLUDING SHIPMENT QUOTES, PROVIDED THROUGH THE RELEVANT SERVICE TO BE UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability and Damages. Unpakt has no control over the accuracy of the information provided by the users to the Site (including that which is the basis of the quotes we generate), quality of the Movers performance, ability of a Mover to provide the services, or the ability of the users to pay for the services for which you transact. Unpakt shall not be liable for any failed, incomplete, or unsatisfactory transaction or any other failure, technical or otherwise, of such transaction to occur as expected. IN NO EVENT SHALL UNPAKT BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES, OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF UNPAKT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER UNPAKT OR MOVERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY AGREE THAT IF UNPAKT IS FOUND LIABLE TO YOU NOTWITHSTANDING THE FOREGOING LIMITATIONS, UNPAKT’S MAXIMUM AGGREGATE LIABILITY TO YOU HEREUNDER, WHETHER ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE FEES OR CHARGES ASSESSED BY, PAID TO AND RETAINED BY UNPAKT BY YOU IN CONNECTION WITH THE REQUEST PURSUANT TO WHICH THE LIABILITY AROSE. Without limiting the foregoing, Unpakt shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition affecting production or delivery in any manner beyond the control of Unpakt. By participating on the Site, Movers represent that they have valid registration, insurance, and licensure and that they will comply with federal and/or local laws, as applicable. Unpakt does not verify, prequalify, or validate these claims of Movers and hereby disclaims any liability to you due to the Movers representations.
- Indemnification; Release. You agree to indemnify, defend, and hold Unpakt harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site and/or Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Unpakt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Unpakt, and you agree to cooperate with Unpakt’s defense of these claims. Unpakt will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE UNPAKT FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT, SERVICE, DEAL, OR TRANSPORTATION SERVICE PROVIDER, ANY ACTION OR INACTION BY A TRANSPORTATION SERVICE PROVIDER, INCLUDING A TRANSPORTATION SERVICE PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY OR HONOR THE TERMS OF ANY TRANSACTION, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SERVICE.
- Dispute Resolution and Arbitration. Any controversy between you and Unpakt arising under, or in relation to, this agreement or related to the Site and/or Service shall be settled by binding arbitration. Such arbitration shall be held in the City of New York, in accordance with the laws of the State of New York and the rules of the American Arbitration Association.
- Governing Law; Venue. These Terms: (i) will be governed by and construed in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law; and (ii) will not be governed by the United Nations Convention of Contracts for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Unpakt agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the State of New York for the purpose of litigating all such claims or disputes.
- Confidential Information. For the purposes of these Terms, confidential information means and includes, in the broadest applicable fashion, all information (whether in written, oral, or other tangible or intangible form) relating in any way to the Unpakt’s current, historical or future business and business activities and operations, including without limitation: financial condition, including without limitation assets, liabilities, income, expenses, accounting data, taxes and cash flow; business, technical and scientific concepts, processes and technical data; trade secrets, customer and supplier lists and information, data bases, know-how and other intellectual property obtained or developed by Unpakt or its employees; business plans, strategic plans, and operations; information concerning potential asset, property, business or stock acquisition or divestment opportunities and plans, prospects, status and provisions of actual and contemplated agreements relating to loans, lines of credit, letters of credit, and guarantees and other credit enhancements; pricing policies, research plans and results; litigation administrative and other proceedings, in any forum; insurance policies and claims, employment agreements, compensation arrangements, and benefit plans and programs; and other proprietary or confidential information; all with respect to Unpakt (“Confidential Information”). However, the term “Confidential Information” shall not include information which is generally known to the public other than as a result of a disclosure by or through you or your Affiliates or Associates. For the purposes of these Terms affiliate means and includes each and every person or entity that controls, is controlled by or is under common control with the specified person or entity (“Affiliate”). Associate means and indicates any spouse, sibling, child, partner, officer, director, employer, employee, agent, representative or counsel of the specified person or entity (“Associate”). You, by yourself and on behalf of your Affiliates and Associates, agree to retain all Confidential Information in the strictest confidence. You will not disclose any Confidential Information to any person or entity other than for purposes of Unpakt and you agree not use for your own purposes or for purposes other than those of Unpakt, any Confidential Information that you acquire in relation to the business of Unpakt or its affiliates or the clients of either. You acknowledge your duty to hold Confidential Information in confidence shall remain in effect until the date upon which the Confidential Information has been publicly disclosed in a manner authorized by Unpakt or its affiliates or otherwise has become known to competitors of Unpakt, without you breaching this agreement. You agree that upon the request of Unpakt, and in any event upon the termination of any business relationship with Unpakt, for whatever reason, you will immediately return to Unpakt any materials, including copies in whatever forms, containing Confidential Information which are in your possession or under your control. You agree that Unpakt shall have the right to enforce these Terms and any of its provisions by injunction, specific performance or other equitable relief, without bond, without prejudice to any other rights and remedies that Unpakt may have for a breach of these Terms, and you waive the claim or defense that Unpakt has an adequate remedy at law.
- Miscellaneous. This is the entire agreement between you and Unpakt relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms made by Unpakt as set forth in Section III above. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent of the other. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be reformed to the minimum extent necessary to make it valid and enforceable, or, if not capable of reformation, will be deemed severable from these Terms, and will not affect the validity and enforceability of any remaining provisions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, including by operation of law or otherwise, but may be assigned by Unpakt without restriction. The heading references herein are for convenience only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. Failure by Unpakt at any time to require performance of any provision of these Terms will in no manner affect Unpakt’s right at a later time to enforce the same. The services hereunder are offered by Unpakt, LLC, located at 99 University Place, 7th Floor, New York, NY 10003 and any notices hereunder should be sent to this address; Unpakt may be contacted by email at [email protected].
Last updated: March 24, 2016